R. v. Meyer (G.A.), (1994) 153 N.B.R.(2d) 316 (CA)

• Judge: Angers, Ayles and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: October 18, 1994
• Jurisdiction: New Brunswick
• Citations: (1994), 153 N.B.R.(2d) 316 (CA)

R. v. Meyer (G.A.) (1994), 153 N.B.R.(2d) 316 (CA);

    153 R.N.-B.(2e) 316; 392 A.P.R. 316

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Glendon Allen Meyer (appellant) v. Her Majesty The Queen (respondent)

(65/94/CA)

Indexed As: R. v. Meyer (G.A.)

New Brunswick Court of Appeal

Angers, Ayles and Ryan, JJ.A.

October 21, 1994.

Summary:

The accused pleaded guilty to discharging a firearm with intent (Criminal Code, s. 244(a)) and with using a firearm while committing an offence (s. 85(1)(c)). He was sentenced to five years' imprisonment for the s. 244(a) offence and to an additional year, consecutive, for the s. 85(1)(c) offence. The accused appealed the s. 85(1)(c) conviction on the basis of double jeopardy and sought leave to appeal the sentence.

The New Brunswick Court of Appeal allowed the appeal and quashed the s. 85(1)(c) conviction where the Crown con­ceded the double jeopardy point. The court, Angers, J.A., dissenting, refused to grant leave to appeal the five year sentence for the s. 244(a) offence.

Criminal Law - Topic 80

Res judicata (multiple convictions for same subject matter precluded) - Circumstances when defence may be raised - The New Brunswick Court of Appeal stated that "it is settled law that double jeopardy arises whenever the use of a firearm is a consti­tuent element of the principal offence, as well as the second offence" - See para­graph 7.

Criminal Law - Topic 5903

Sentence - Discharging a firearm with intent - After purchasing a rifle, the ac­cused was returning home by car with his common law wife, three children and a male passenger - His wife was driving and the accused was a front seat passenger - The accused realized that the male passen­ger in the back seat was fondling the genital area of one of the female children - The accused, who had been drinking, became enraged, had his wife stop, pulled the male passenger out, retrieved the gun and shot the passenger twice in the legs, crippling him - The accused then attended to the victim and waited for an am­bulance - He pleaded guilty to dis­charging a fire­arm with intent to wound - The New Brunswick Court of Appeal affirmed a five year prison sen­tence.

Cases Noticed:

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322; 15 C.C.C.(2d) 524; 26 C.R.N.S. 1; 44 D.L.R. (3d) 351, refd to. [para. 7].

R. v. Langevin (No. 1) (1979), 10 C.R.(3d) 193 (Ont. C.A.), refd to. [para. 7].

R. v. Lavoie (1980), 29 N.B.R.(2d) 215; 66 A.P.R. 215, refd to. [para. 7].

R. v. Krug, [1985] 2 S.C.R. 255; 62 N.R. 263; 11 O.A.C. 187; 21 C.C.C.(3d) 193, refd to. [para. 7].

R. v. Pringle, [1989] 1 S.C.R. 1645; 97 N.R. 1; 34 O.A.C. 281; 48 C.C.C.(3d) 449, refd to. [para. 7].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 85(1)(c), sect. 244(a) [para. 3].

Counsel:

Paul H. Janssens, for the appellant;

David M. Hitchcock, for the respondent.

This appeal was heard on October 18, 1994, before Angers, Ayles and Ryan, JJ.A., of the New Brunswick Court of Appeal. The decision of the court was delivered on Octo­ber 21, 1994.